Part I: In re Complex Asbestos Litigation 283 Cal.Rptr. 732 (Cal.App. 1991)
Please read this case and answer the following questions:
1. What specific facts indicate deceitfulness of Vogel, the paralegal?
2. What standard for imputed disqualification find the Brobeck firm wan the court to apply?
3. Even though the court disqualified the Harrison firm from nine asbestos cases, the court approve the screens for paralegals. What screening mechanisms did the court adopt?
4. Why did the court believe that the Harrison firm was in possession of Brobeck’s confidential client information?
5. How did Harrison’s own conduct contribute to the court’s decision to affirm his firm’s disqualification?
Part II: In re Guaranty Insurance Services, Inc.
1. Who was at fault?
2. What is the specific distinction the court made between the screening standard for lawyers as opposed to nonlawyer employees?
3. Why did the court grant more leeway to nonlawyer employees?
4. Do you think the standard the court applied is too lenient?
Question 1 1 pts
A lawyer sometimes can represent the plaintiff and defendant in a lawsuit because there is never a direct conflict so long as the lawyer informs each party orally about a potential conflict of interest and the parties agree.
Question 2 1 pts
A lawyer may based their decision to represent a client based on the lawyer’s financial interest in the case, as held in Evans vs. Jeff.
Some prohibited transactions by a lawyer include: 1) Gifts to clients (except for litigation costs) 2) Limiting malpractice liability (unless the client is represented by another lawyer in the process) 3) Sexual relationships with the client (unless it predates the lawyer-client relationship)
Question 4 1 pts
Paralegal screening considerations include: 1) Size of the firm 2) The level of departmentalization 3) Screening methods employed
Question 5 1 pts
The concern for the ABA for paralegal screening is to ensure paralegals take their position more seriously and to provide the clients with a better relationship with the paralegal since they handle most of the client’s case.
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